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(영문) 대전지방법원 2018.06.07 2017가단22923
차용금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the Defendants B and C with respect thereto on August 2, 2017, respectively.

Reasons

On December 28, 2016, the Plaintiff lent KRW 200 million to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On April 21, 2017, the Defendants prepared and delivered to the Plaintiff a payment note recorded as joint and several sureties by the Defendant Co., Ltd. (hereinafter “instant payment note”).

According to the statement of the instant payment note, the Defendants jointly and severally agreed to pay KRW 200 million to the Plaintiff by May 30, 2017.

[Ground for Recognition: Unless there are special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 200,000 according to the instant payment note and damages for delay thereof, according to the facts without dispute, Gap evidence No. 1, and the purport of the entire pleadings]

As to this, Defendant Company and Defendant C are merely investments in Defendant Company, and the instant payment note was made by coercion to the effect that it constitutes a declaration of intent by coercion. However, there is no sufficient evidence to acknowledge the assertion by Defendant Company and Defendant C. Rather, according to each video of the evidence Nos. 2 and 3, the Defendants prepared the instant payment note and delivered it to the Plaintiff directly by the lower director of Defendant Company.

Conclusion: Plaintiff’s winning

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